R2023-CUP23-07 2023-04-10RESOLUTION R2023- CUP23-07
A Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Sheltered Care Facility use within the
General Business (GB) District, on approximately 1.354 acres of land, being
the northeast and out of Lot 1, in Block 1, Final Plat of Crosspoint Church, a
subdivision in Brazoria County, Texas, according to the map or plat recorded
in County Clerks’ File No. 2012049197 of the Plat Records of Brazoria County,
Texas (located at the northeast corner of 1134 Old Alvin Road).
Conditional Use Permit Application No CUP23-07, for Sheltered Care
Facility use within the General Business (GB) District, at the request of Clint
Byrom, applicant, on behalf of Crosspoint Church, owner, containing a savings
clause, a severability clause, and an effective date and other provisions
related to the subject.
WHEREAS, Clint Byrom, applicant, on behalf of Crosspoint Church, owner, is
requesting approval of a Conditional Use Permit (CUP) for Sheltered Care Facility use
within the General Business (GB) District, on approximately 1.354 acres of land; said
property being legally described in the legal description attached hereto and made a part
hereof for all purposes as Exhibit “A,” and more graphically depicted in the vicinity map
attached hereto and made a part hereof for all purposes as Exhibit “B”; and
WHEREAS, on the 20th day of March 2023, a public hearing was held before the
Planning and Zoning Commission of the City of Pearland, Texas, notice being given by
online publication on the City website, a copy of which being attached hereto and made
a part hereof for all purposes as Exhibit "C,” said call and notice being in strict conformity
with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, the Planning and Zoning commission having fully heard the testimony
and argument of all interested parties, and having been fully advertised in the premises,
finds that in the case of the application of Clint Byrom, applicant, on behalf of Crosspoint
Church, owner, for approval of a Conditional Use Permit (CUP) for Sheltered Care Facility
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use within the General Business (GB) District; presented which, in the judgment of the
Planning and Zoning Commission have provided input and discussion; and
WHEREAS, on the 10th day of April 2023, the City Council having fully heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, finds that in the case of the application of Clint Byrom, applicant, on behalf of
Crosspoint Church, owner, for approval of a Conditional Use Permit (CUP) for Sheltered
Care Facility use within the General Business (GB) District; presented which, in the
judgment of the City Council, would justify the approval of said application; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being located within the General
Business (GB) District, is hereby granted a Conditional Use Permit (CUP) for Sheltered
Care Facility use, in accordance with all conditions and requirements of the Unified
Development Code approved by the City Council and incorporated for all purposes, such
property being more particularly described as:
Legal Description: 1.354-acre tract of land, being the northeast and out of
Lot 1, in Block 1, Final Plat of Crosspoint Church, a subdivision in Brazoria
County, Texas, according to the map or plat recorded in County Clerks’ File
No. 2012049197 of the Plat Records of Brazoria County, Texas.
General Location: Northeast Corner of 1134 Old Alvin Road.
Conditions of Approval:
1. The proposed use shall be developed in substantial conformance
with the building size and character as presented in the attached
Applicant’s exhibits.
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Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance with
the mandates of law in the posting and presentation of this matter to the Planning and
Zoning Commission and to City Council for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that the
Resolution adopted herein promotes the health, safety, and general welfare of the public
and is a proper valid exercise of the City’s police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of this
Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Resolution and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Resolution shall become effective after its passage and
approval.
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PASSED, APPROVED, and ADOPTED on this day, the 10th day of April 2023.
________________________
J. KEVIN COLE
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
________________________________
DARRIN M. COKER
CITY ATTORNEY
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Exhibit “A”
Legal Description
1.354-acre tract of land, being the northeast and out of Lot 1, in Block 1, Final Plat of
Crosspoint Church, a subdivision in Brazoria County, Texas, according to the map or plat
recorded in County Clerks’ File No. 2012049197 of the Plat Records of Brazoria County,
Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Notification
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Exhibit "D”
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